Terms & Conditions
These terms and conditions are applicable to all design and development projects that are undertaken by Jason Lihou.
A copy of these terms and conditions is submitted along with project quotations and must be agreed prior to work commencing. Alternatively, payment of an advance fee or payment online is an acceptance of these terms and conditions. These terms and conditions are always available on the website for review.
Charges for services to be provided by Jason Lihou are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of ten (10) days unless alternate timescales have been agreed beforehand with the Client. Jason Lihou reserves the right to alter or decline to provide a quotation after expiry of the valid timescale. All projects costing £200 and over will require an advance payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work or at agreed milestones prior to upload to the server or release of materials. Payment for services is due by online BACS transfer. Bank details are made available on invoices.
3. Client Review.
Jason Lihou will provide the Client with an opportunity to review the appearance and content during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Jason Lihou otherwise within ten (10) days of the date the materials are made available to the Client.
4. Project Schedule and Content Control.
In the majority of projects, Jason Lihou will install and publicly post or supply the Clients’ Web site or design work by the date specified in the project proposal. If no such date is specified, the timescale shall be within four weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by Jason Lihou. An alternate timescale can be agreed during the initial project discussion. In return, the Client agrees to delegate a single individual as ”first-point-of-call” to aid Jason Lihou with completing the project in a satisfactory and expedient manner. During the project, Jason Lihou will require the Client to provide copy and images. If content is not provided within four (4) weeks of an official request by email then Jason Lihou reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Jason Lihou will agree, at his discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.
Invoices will be provided by Jason Lihou upon completion of the work for Web Development and Design and any associated services. Invoices are normally sent via email in PDF format; however, the Client may elect to receive hard copy invoices. Invoices are due within seven (7) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after twenty one (21) days then Jason Lihou will consider the account to be in default.
If the Client in default has any information or files on Jason Lihou’s Web space, Jason Lihou can, at his discretion, remove all such material from his web space. Jason Lihou is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Clients’ account. Clients with accounts in default agree to pay Jason Lihou reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Jason Lihou in enforcing these Terms and Conditions.
Termination of the Web Development project by the Client must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within twenty eight (28) days.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Jason Lihou the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Jason Lihou permission and rights for use of the same and agrees to indemnify and hold harmless Jason Lihou from any and all claims resulting from the Clients’ negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to Jason Lihou that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
9. Media Delivery Requirements.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD, DVD, or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made by Jason Lihou to return to the Client any images or printed material provided for use in creation of the Clients’ Web site, such return cannot be guaranteed.
10. Access Requirements.
If the Clients’ Web site is to be installed on a third-party server, Jason Lihou must be granted temporary read/write access to the Clients’ storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
11. Post Project Alterations.
Jason Lihou cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Clients’ pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Jason Lihou may require a one-off support charge before resolving any issues that may arise.
12. Third Party Services.
Jason Lihou may require the usage of third party services – for example, credit card processing – to complete the Clients’ project requirements and will ensure these services are integrated into the project and working correctly upon completion. Jason Lihou cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Clients’ website and may require a one-off support charge before resolving any problems that may arise.
13. Domain Names.
Jason Lihou may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by Jason Lihou. For .com, .org and .net domains, reminder emails will be sent out to the client before the domain expires at ninety (90), sixty (60), thirty (30) and five (5) days before expiration with a final email sent ten (10) days after the expiration date. Domains ending in .co.uk are automatically renewed ten (10) days before expiration. In this case, the Client must notify Jason Lihou that they do not wish to keep the domain thirty (30) days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Jason Lihou. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Clients’ signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of these terms and conditions.
15. Governing Law.
This Agreement shall be governed by English Law.